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Congress may regulate any activity that substantially affects interstate commerce.

True

For purposes of diversity of citizenship, a corporation is a citizen only of the state in which it does business.

True

A dilution cause of action requires proof that consumers are likely to be confused by a connection between a trademark and its unauthorized use.

Fasle

Libel involves the written communication of defamatory language.

True

Duty based ethics may be based on religious precepts or philosophical reasoning.

True

A motion for summary judgment may be supported with sworn statements and other materials.

True

The minimal acceptable standard for ethical behavior in society is that each individual follow his or her conscience.

False

Procedural due process requires that any taking of a person’s life, liberty, or property by government must be made fairly.

True

If no harm or injury results from an allegedly negligent act, there is no tort.

True

Generally, a person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties

True

Antonin is a state court judge. In his court, as in most state courts, he may grant

equitable and legal remedies.

Johnny, a lawyer on the staff of Consolidated Associates, applies the utilitarian theory of ethics in business contexts. Utilitarianism focuses on

consequences of an action.

Dreamland Barbecue Café uses a distinctive décor, layout, menu, and style of service. This restaurant’s image and overall appearance is

trade dress

Mario leaves his care with Peek Car Shop to have it repaired. After the car is fixed, Petty keeps it. Petty is not liable for trespass to personal property if

Mario refuses to pay for the repair

A Kentucky state statute imposes a certain restriction on commercial speech. A court would likely hold this statute valid if it

attempts to implement a substantial government interest, directly advances a substantial government interest, and goes no further than necessary to accomplish its objective.

The Juice, Inc. sells products that are poorly made. Simpson, who has never bought a Juice, Inc. product, files a suit against the firm, alleging that its products are defective. The firm could ask for dismissal of the suit on the basis that Simpson does not have .

standing

Blasting Corp is a demolition firm. During a Blasting operation, Jimmy, a passerby, is injured. Under the theory of strict liability, Blasting is liable

whether or not its crew was at fault.

Clarence is an appellate court judge. In this capacity, Clarence establishes a rule of law. Under the doctrine of stare decisis, the principle must be adhered to by

that court and courts of lower rank.

California enacts a transportation statute that impinges on interstate commerce. This statute will be

balanced in terms of California’s interest in regulating a certain matter against the burden place on interstate commerce.

In studying business law, Professor Cochran’s students also study ethics in a business context. This is the study of what constitutes

religious behavior.

Bill, the manager of Slick’s Discount Store, detains Monica, whom Bill suspects of shoplifting. Monica sues Bill, alleging that the detention was false imprisonment. Bill is liable if Monica was

detained for an unreasonably long time.

Elvis invents new web site design software and applies for a patent. If Elvis is granted a patent, his invention will be protected for

twenty years.

Hillary, a citizen of New York, wants to file a suit against Sarah, a citizen of Alaska. Their diversity of citizenship may be a basis for a

U.S. Court of Appeals to exercise appellate jurisdiction.

Any decision by the management of Standard Business Corporation may significantly affect its

operators, owners, suppliers, the community, or society as a whole.

Al, an engineer, supervises the construction of a new bridge. When the bridge collapses due to faulty construction, Al is sued by those injured in the collapse. As a professional, Al is held to the same standard of care of

other engineers.

Ringo files a suit against Apple Corp. Apple responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts. Apple supports this response with witnesses’ sworn statements. This is

a motion for summary judgment.

Frank is a resident of New Jersey. In Ohio, Frank enters into a contract with Dean, a resident of Ohio. When Frank breaches the contract, Dean files a suit against Frank in Ohio. Regarding Frank, Ohio can

exercise in personam jurisdiction.

In 1979, Alfred writes South by Southeast, a screenplay about a man wanted for a crime he didn’t commit. Alfred does not register the work with the appropriate government office. Under federal copyright law, Alfred’s work is protected for

the life of the author plus seventy years.

John, the chief financial officer for USA Products Corp., attempts to apply Christian precepts in among ethical decisions and in doing business. In applying duty-based ethical standards, John would consider the motive behind an act to be

irrelevant.

Cajun, Inc.., sells its product under the name “Fido”. Creole Corp. begins to market an identical product under the name “Phideaux”. This is

trademark infringement.

Three elements-agreement, consideration, and contractual capacity are sufficient to form a binding contract.

False

A unilateral mistake always affords the mistaken party a right to relief from the contract

. False

A contract in which one party retains the exclusive right to cancel at any time is unenforceable.

True

To recover damages for fraud, a plaintiff must prove an injury.

True

Consequential damages are foreseeable damages that arise from a party’s breach of a contract.

True

A condition subsequent must be met before a party’s performance can be required.

False

An offeror has the power to revoke an option contract at any time.

False

An assignment is effective only after notice has been given to the obligor.

False

On an employer’s breach of an employment contract, the measure of an employee’s damages is his or her salary with no adjustments.

False

A minor may disaffirm a contract for necessaries but remains liable for the reasonable value of the goods.

True

To be valid, a contract must be enforceable by all of the parties to it.

False

Ordinarily, the court does not look at the fairness or equity of a contract.

True

Jerry claims that Dean breached their contract. Dean responds that he never intended to enter into a contract with Jerry. The intent to enter into a contract is determined with reference to

the objective theory of contracts.

Country Grocers orders by phone twenty cartons of canned corn form Omaha Corn Co. After ten cartons are delivered and accepted, County repudiates the contract. Omaha

can enforce the contract to the extent of the ten accepted cartons.

Tony agrees to sell his sports equipment store to Mark and, as part of the sale, promises not to open a similar store in the United States from 20 years. Tony’s promise is

unreasonable in terms of geographic area and time.

Quality Vehicles, Inc. offers to sell a truck to Regional Delivery Co. Before accepting the offer, Regional learns that the truck has been sold to State Trucking, Inc. Quality is

not liable, because the sale revoked the offer to Regional.

Moe and Curly want Larry to replace Curly as a party to their contract. They can best accomplish this

by a novation.

Nancy orally agrees to buy a unique collection of political memorabilia for $100,000 from Jane and sends her $25,000 as a down payment. When Nancy sends her the rest of the price, Jane refuses to ship Nancy the collection. Nancy should seek

specific performance.

Opie, a minor, buys a car from Gomer’s Cars, Inc., in a state in which a duty of restitution is imposed. After wrecking the car, Opie wants to return it Opie

can return the car but must pay for the damages.

Paul, who is George’s guardian, convinces him to by a certain parcel of land from Paul’s brother at a greatly inflated price. Paul may be liable for

undue influence.

Nick represents himself as a contractor in Ohio, but he is not licensed in that state. A contract between Pat and Nick by which Nick agrees to build a warehouse for Pat in Ohio

is not enforceable.

Joe breaches his lease with Beach Properties and vacates the premises six months before the end of the term. In some states, the landlord would have

to relet the premises to recover any damages from Joe.

Mario tries to start his new car with no success. He yells that he will sell the car to anyone for $50. Richard, a passerby, who owns Petty’s Pre-Owned Autos, hands Mario $50. This is

not valid acceptance because Mario does not seriously intend to sell.

Barack is a stockbroker. Due to Barack’s statements, teddy believes that the price of Liberal Goods, Inc. (LGI), a widely traded stock, is going to increase substantially. Teddy busy 500 shares of LGI at $10 per share, but the price soon drops to $1 per share. Teddy

can successfully recover nothing.

Hugo Oil C. and Desperate Corp., sign a contract in which Hugo agrees to deliver heating oil in exchange for Desperate’s promise to pay for it. Hugo delivers the oil. The contract is

executory on the part of Desperate.

Chris agrees to buy Barney's Bicycle Store on the condition that Freddie Mac Bank approves the financing. This approval is a

condition precednet.

Mick and Keith disagree as to the exact amount one owes the other. They form a new contract that, o fulfillment, will discharge the prior obligation. This is